Assessment of Points and Cure Periods Sample Clauses

Assessment of Points and Cure Periods. The Department may assess Performance Points as described in Section 8.16(c) and (d) subject to the following terms and conditions. (i) The Performance Points system will apply commencing on the fifth anniversary of the Service Commencement Date. In addition, there will be a phased introduction of the Performance Points system, and for the initial year that the Performance Points system is applicable, the thresholds for “Total Cumulative Number of Uncured Points” specified on page 1 of Exhibit T will be increased by 50% for the first year, and over the period of the next five years such threshold will be reduced 10% per year such that the thresholds in Exhibit T (30, 45 and 68 total cumulative number of uncured points, respectively) apply. (ii) The Department will not assess points for the first instance of each breach or failure provided that the breach or failure is cured within the cure period stated in Exhibit T. However, the Department will provide notice to the Concessionaire that a breach or failure has occurred. Any subsequent instances of each breach or failure may be subject to the assessment of Performance Points. (iii) Exhibit T sets forth the maximum number of Performance Points the Department may assess for each breach or failure. The Department may, in its sole discretion, assess fewer Performance Points for a particular breach or failure based on the merits of the individual breach or failure. (iv) Where a single act or omission gives rise to more than one breach or failure as described in Exhibit T, the Department may assess Performance Points for only one breach or failure. In such circumstances, the Department may, in its sole discretion, assess performance Points for the breach or failure with the highest maximum number of Performance Points shall apply. (v) For breaches or failures classified as category A in Exhibit T, Performance Points shall be assessed only at the end of the applicable cure period if the Concessionaire has failed to cure within that time. Additional Performance Points may be assessed again at the end of each subsequent cure period, until the breach or failure is cured, or the cumulative total of cured and uncured Performance Points equals or exceeds the level described in Section 8.16(e)(iii). (vi) For breaches or failures classified as category B in Exhibit T, the Performance Points shall be assessed on the date of the written determination from the Department to the Concessionaire. Provided that the breach or fai...
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Related to Assessment of Points and Cure Periods

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